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CONCERNING THE FOUNDATIONS 

) OF THE ( 

FUTURE STATE OP WYOMING 




efore the Wyoming Academy of Sciences, at its semi-annual 
meeting for 1889.] 

EX-GOVERNOR JOHN W.^HOYT, LL. D., 

President of the University of Wyoming. 



^i'h^elSi'^at republic, whose centenary 
the Ameiican people recently com- 
memorated, has had so wonderful a 
career that in our common thought it 
stands alone, a miracle among the na- 
tions of the world. And yet it is no 
miracle. It was indeed fortunate in 
the concurrence of truly great men 
with favorable times and events, but 
came neverthless in accordance with 
established law. Born of tyranny, 
nursed by adversity and taught even 
as it, knew not by an unnatural mother, 
American liberty had yet further train- 
ing in the stern school of colonial life; 
so that when the first common struggle 
wit! I the foes of freedom and inde- 
pendence was ended, the thirteen sep- 
arate communities, with various and 
singularly conflicting interests, yet led 
by men of such far-seeing wisdom, 
sound judgment, mutual regard, pa- 
tience, perseverance and unfalterir.g 
faith, that they are even thought to 
liave been inspired of heaven for their 
great mission, were able to harmonize 
all conflicting interests and to form the 
first national government founded upon 
this earth of which it could he justly 
said, -'of the people, by the; people, for 
the people." 

It was the American union that was 
to realize and did realize Berkeley's 
prophetic utterance: 

"Time's noblest offspring is the last." 

It was the Federal union, thus 
formed, that embraced and constituted 
the ''new nations," which yet earlier, 
in the mind of Shakespeare, were 
seen to rise upon the western shore of 
a mighty sea. But neither Shakespeare, 
nor Berkeley, nor even its founders, 
foresaw in all its grandeur the vast 
new empire of free commonwealths 
that now extends from the Atlantic to 
the Pacific shore. Nay, its growth and 
development have far exceeded the ex- 
pectations of those now living, who, 
even in the more recent times of rapid 
advancement, could not foresee the fu- 



ture galaxy — so nearly realized already 
— of more than fifty great states, teem- 
ing with the activities of a hundred 
million freemen. 

jSTaturally the portion of this empire 
last to settle, and last to linger in the 
territorial condition, was the more 
rocky and less easily subdued interior 
of the continent — that portion which in 
the childhood of the present generation 
was understood to be a desolate w^aste; 
but so understood only because they 
vvho had described it knew naught of its 
incalculable natural wealth — its exten- 
sive forests; its mineral stores, im- 
mense and various; its ocean-like plains, 
swarming with animal life; its num- 
berless valleys, fitted to become the 
homes of many millions of people. 

Since the time, less than fifty years 
ago, when that daring ''pathfinder," 
John C. Fremont — who still survives 
as a distinguished landmark on the 
highway of the nation's triumphal 
march — first traversed the valley of the 
North Platte and planted the American 
flag on the loftiest summit of the Wind 
River mountains, no portion of the 
country has made such rapid progress 
as this so-called -'desert" region west 
of the Missouri. Nay, netted with 
niilways, sprinkled all over with happy 
homes, dotted with numerous thriving 
villages, towns and cities, and every- 
where astir with the restless activities 
of a most intelligent, enterprising and 
pushing population, it has of late years 
been the marvel of the New World. 

What wonder, then, that today there 
is heard the simultaneous thundering 
of nine great territories at the doors of 
congress, with demands for early ad- 
mission into the family of states? And 
what wonder that Wyoming is found 
among them, and if not the most clam- 
orous yet fully conscious of the j ustness 
of her claims and strongly confident of 
timely recognition? 

If not first to be received into the 
union, the early admission of this ter- 
ritory is nevertheless assured. And 



therefore it is that I have deemed it 
well on this occasion, and before this 
body of intelligent citizens, to present 
a few thoughts concerning the founda- 
tions of the future state of Wyoming. 

Its material foundations are vast 
and substantial. It is believed that 
not one of the territories now seeking 
the honors and advantages of statehood 
is superior to Wyoming in variety and 
extent of material resources. A num- 
ber have surpassed us in the produc- 
tion of the precious metals; some have 
.out-stripped us in agricultural de- 
velopment; and one of them has made 
a larger utilization of its forests; but 
none of them can present a better show^- 
mg of capabilities in all the great de- 
partments of American industry. 

The civil foundations alone require 
to be considered. Upon tliese not less 
tlian upon her material resources t]ie 
future greatness of Wyoming must de- 
pend. And here too we have sub- 
stantial grounds for confidence. The 
people of Wyoming, an intelligent 
people, fresh, or but recently, from the 
best communities of the world, are es- 
pecially free from the embarrassment 
of conflicting nationalities and irrec- 
oncilable religions, and are resolute in 
the purpose to place their territory in 
the forefront of the union in all thfit 
should characterize a great and free 
commonwealth. When they come to 
the all-important w^ork of forming a 
government worthy of themselves ;vnd 
of the possible future of the stat^ to be, 
it is believed that they will approach 
the responsible task in the spirit of the 
fathers, who so wisely framed that 
greatest political instrument of any 
age, the constitution of the United 
States, and that they will see to it t,hat 
the foundations of our civil institutions 
are firmly laid on the bedrock of prin- 
ciples immutable and eternal. 

The founders of the new state will 
recognize, as the most fundamental of 
all truths demanding their considera- 
tion, that rights belong to man by his 
very constitution; that they have their 
foundation in the nature of man; that 
the sacredness of these rights inheres 
in his personality, which personality 
has its origin in God, who in the act of 
creation imparted to him of His own 
nature, and thus put upon him the 
stamp of divinity, with all its sacred- 
ness. 

These truths fully accepted, the life of 
each individual member of the state 
will be held sacred; the worth of each 
will be appreciated; the dignity of ettch 
will be duly regarded; the freedorp of 



each will have sphere andmaintenanceV' 
through the guardianship and, if need* 
be, the whole power of the state; since 
it is for the establishment of rightsand 
for their maintenance that communi- 
ties are formed, that states are founded. 
Kay, it is for their security that govern- 
ments are instituted among men, de- 
riving their just powders from the con- 
sent of the governed. 

It follows, therefore, that a govern- 
ment which recognizes this sacredness 
of man's personality, and the inherence 
of rights in that personality, will en- 
deavor to make them secure against in- 
vasion from whatever source. 

Security of life will be assured, as 
being the condition for the enjoyment 
of all other rights The life of the citi- 
zen will be hedged about by means and 
measines preventive hs well as puni- 
tive, and involving every pos8il)le in- 
centive to the practice of virtue and 
the avoidance of wrong. 
' Security of liberty will be guaranteed, 
as being the condition of a fulfilment of 
man's mission and destiny. There 
will be practical recognition of the 
truth that it is only in the assertion 
and realization of the self that freedom 
exists; that tlie state is to be the reali- 
zation of freedom for the whole body 
of the people and of every individual 
member thereof; that while the free 
(iom of the people involves of necessity 
the assertion of law, the aim of that 
law must be the largest possible per- 
sonal liberty of the citizen consistent 
with the general welfare — with the 
principle that true (ivil liberty 'is a 
liberty to do that which is good, just 
and right." 

It is maTiifest that among these 
guarantees of liberty there will be con- 
stitutional subordination of the mili- 
tary to the civil power — practical 
recognition of Wyoming's present 
motto, "■Cedant anna togce-^^'' also im- 
munity from unnecessary interference 
fiom the civil authorities, with the 
right of peaceable assembly, of peti- 
tion, and of remonstrance, for the 
common good. 

That the principles here enunciated 
embrace the freedom of conscience and 
of opinion, with consecpient freedom of 
speech, of the press, and Of the ballot, is 
manifest. The rights of the conscience 
and the rightof private judgment are to 
the liberty-loving citizen swTeter than 
life and stronger than death. They are as 
sacred as personality itself and are not 
to be iTivaded by any power. 

The right to property will find the 
fullest guaranty in the constitution of 



/ 



the coming state, since such right is a 
necessary corollary from the right to 
life and the right to liberty. One la- 
bors to no purpose unless he can reap 
the fruit of his labors. The security 
of property, therefore, whether of the 
individual citizen or of the body corpo- 
rate, is essential to civilization and hu- 
man progress. Tiie only limitation 
must be found in the superior claims 
of the whole community to such por- 
tions of private and corporate |>ropeity, 
due compensation being accorded, as 
are needed for tlie maintenance, conve- 
nience and well-being of the body 
politic. 

The right to reputation, incompara- 
bly more precious to the individual of 
personal uprightness than this right to 
property, because every invasion of it 
touches not merely his convenience or 
comfort, but his personality, will be 
protected with a carefulness propor- 
tioned to the interescs involved. 

Again, in order tliat none may fail 
of his rights, the state will enthrone 
justice as a cardinal virtue of the gov 
eroment, with approi)riate tribunals, 
institutions and agencies as far as possi- 
ble removed from the intluence of per- 
sonal interest or popidrU' passion and 
prejudice. 

The founders of the new state will 
aim at absolute justice: since there can 
1)6 neither security for life and liberty, 
WM trariquillity, nor the encouragement 
irquisite to activity of individual and 
corporate powers, nor prosperity, there- 
fore, nor peace and happiness of either 
the citizen or the community, without 
justice; since, moreover, in these lat- 
ter days. ^^ hen eveiy comnmnity is face 
to face and eye to eye with every other 
throughout the civilized world, and 
'•every act of wrong is promptly ar- 
raigned before; the judgment seat of 
mankind," no community may hope for 
the rewards that attach to public vir- 
tue unless it be found ever standing 
on the right; because it is in the order 
and nature of things that the pros- 
perity, peace, permanence and true 
grandeur of a state are in no other- 
wise attainable; more than all. because 
justice is justice, that glorious attri- 
bute without w^hich man is not man, 
and God would not be God. 

And these securities, this justice, will 
not be for some only, but for all. 

Hence the founders of the new state 
will also aim at equality of rights on the 
part of all the inhabitants thereof, and 
will put into its constitution such safe- 
guards as will insure the enjoyment of 
these rig! its in spite of the machina- 



tions of selfishness and the assaults of 
prejudice. 

By the enunciation of this necessary 
cardinal principle of a free common- 
wealth, and by its incorporation in our 
statute law, we have already gained 
for Wyoming a proud distinction 
among the political communities of the 
world. Of its maintenance there can 
be no possible doubt. Revolutions go 
not backward, but forward. Prac- 
tical equality of citizens is 
but a consequent of practical 
justice, and cannot be overthrown with- 
out the sacrifice of it also. Plato un- 
derstood its meaning and value; and 
so did Aristotle more than three cen- 
turies before Christ. But it was 
Christ himself who made equality a 
corner stone of the only true and com- 
plete system of social and political 
ethics ever given to the world. The 
right of all to equality before the law" 
was called by Burke '-the right to jus- 
tice" — a view now coming to be ac- 
cepted of the most thoughtful and just 
men everywhere; one of whom has 
well said, '-The justice of the state is 
to be for each and all, or it becomes 
the institution of injustice; its tribunal 
is to be open to hear the cause of all, 
or it becomes the inquisition of wrong." 
Indeed this right of all to equality be- 
fore the law^ is necessarily implied in 
the very conception of law as universal. 
The social order can have no sure and 
permanent foundation without the in- 
corporation of this principle. 

If now "the right to justice," to an 
equal benefit in the administration of 
law, is thus beyond question, who shall 
deny the equality of right to a voice in 
determining what laws shall be so ad- 
ministered, and by whom? It also is 
undeniable. 

And so equality of political rights 
rests upon equality of natural rights as 
upon eternal foundations. It is upon 
these deep foundations that the liber- 
ties and glories of this people rest to- 
day. It will be for the founders of 
the new state not merely to make sure 
that this fundamental principle be not 
disturbed, but that it find, if possible, 
yet fuller and more perfect illustration, 
as well as its most complete and perm- 
anent guaranty, in the the organic law 
of the state. 

Beyond this whole realm of the 
right and of rights lies the realm 
of expediency, likewise vast, and 
affording ample scope for those intel- 
lectual powers, those moral virtues, 
those accumulations of knowledge, and 
that practical wisdom, which, all 



together, characterize the highest 
statesmanship. 

If, therefore, the founders of the fu- 
ture state prove equal to the grave re- 
sponsibilities imposed — 

There will be, in general terms, 
such provision for ascertaining its ma 
terial resources, and for their develop- 
ment, as will realize to the state its 
highest possibilities of wealth and 
power. 

There will be such encouragement 
of public improvements, and such pro- 
vision for the construction of public 
works, as are necessiuy to the public 
welfare, and as shall comport with 
the dignity of the state. But at the 
same time — 

There will be shown in outline 
such wisdom of financial policy, with 
proper limitations of indebtedness, 
state, county and muniJpal, and such 
close economy in every department, as 
will make light as possible the burdens 
of taxation and insure a continuous 
thrift and prosperity. 

There will also, to this same end of 
economy, be provision for such offices, 
and such only, as are necessary to the 
administration of the public affcairs,with 
but reasonable compensation for the 
service required. 

There will be such possible guaran- 
tees of purity of legislation and hon- 
esty of administration as shall se- 
cure to the commonwealth the full 
reward of the popular industry and 
economy, and keep before the people, in 
the person of their public servants, ex- 
amples of the highest personal and of- 
ficial rectitude. 

Tliere will be such security for the 
purity of the ballot as shall insure a 
full representation of the popular will, 
and thus preserve to posterity the 
blessings of free institutions. 

In the field of charities there will be 
such xjrovision for the unfortunate 
classes of every sort as are dictated by 
a Christ-like humanity, guided by the 
lessons of experience and by the teach- 
ings of science. 

To the end that all these great 
blessings may be the more cer- 
tainly secured and transmitted to the 
future, the best possible provision 
will be made for the education of the 
whole people— for universal elementary 
education; for the higher education of 
all who may be able to avail them- 
selves of its priceless benefits. In no 
other way can it be made suie that the 
future citizen shall have the fullest 



command of his powers, with sucli 
communicable knowledge and inculca- 
tion of virtue as shall be calculated to 
effect his own well-being, and as shall 
promote in the highest degree the se- 
curity, prosperity, peare, dignity, and 
honor of the commonwealth. 

Beyond all these absolutely necessary 
provisions there will be the liberal en- 
couragement of all persons and all or- 
ganizations whose intelligent, patriotic 
and philanthropic servir-es are freely 
oifered for the good of the state, the 
advancement of knowledge and the 
progress of mankind. 

In all that relates to aliens, there will 
be such liberality as shall duly represent 
the generous spirit of the American 
people, and American institutions, with 
such restrictions only as may be es- 
sential to the general welfare and to 
the security of the f^tate. 

Finally, as to fiu-m and frame of the 
constitution itself, it is assumed that 
the founders of the State will wisely 
observe a judicious mean between 
generalities so vague as to be of doubt- 
ful interpretation auti that particulari- 
zation of matters which should be left 
to future legislation; to the end that, 
with every necessary safeguard for in- 
terests general and vital, there may al- 
so be the freedom essential to a great 
and glowing people in a rrjpidly ad 
vancing age. 

Thus have I, in outline but partial 
and otherwise imperfect, and without , 
any attempt to designate the niachinei-y ^ 
best calculated to realize the ends of 
government, presented such general 
principles as it is believed 
shoidd govern in laying- the foundations 
of the future state of Wyoming. Aft^ r 
the founding of a great and free na- 
tion, there is no work that can be un- 
dertaken by a people more fraught 
with solemnity, dignity and grandeur 
than that of shaping the destinies of 
one of the American tree common- 
wealths. God has given to the people 
of Wyoming a goodly heritage, and has 
opened to them a highway to prosper- 
ity and true greatness. Be it theirs to 
worthily fulfill the mission to which 
they are called — tlie mission of so 
moulding the new state that it shall be 
to the world a monument of the high- 
est wisdom and virtue. The day is 
certainly near when the nation will 
formally set for us a new star in the 
constellation of the union. May that 
star symbolize a radiance unsurpassed, 
a glory that shall endure forever! 



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